Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the Republic of Türkiye: Antidumping Duty Orders, 21897-21900 [2025-09163]

Download as PDF Federal Register / Vol. 90, No. 98 / Thursday, May 22, 2025 / Notices khammond on DSK9W7S144PROD with NOTICES review and for future deposits of estimated duties, where applicable.8 For entries of subject merchandise during the POR produced by either of the individually examined respondents for which they did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.9 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired, i.e., within 90 days of publication. Cash Deposit Requirements Upon publication of this notice in the Federal Register, the following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for companies subject to this review will be equal to the company-specific weighted-average dumping margins established in the final results of the review; (2) for merchandise exported by a company not covered in this review but covered in a prior completed segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the investigation, but the producer has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 1.95 percent, the allothers rate established in the investigation, adjusted for the exportsubsidy rate in the companion countervailing duty investigation.10 8 See section 751(a)(2)(C) of the Act. a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See Order, 86 FR at 62792. 9 For VerDate Sep<11>2014 16:33 May 21, 2025 Jkt 265001 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: May 16, 2025. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Monthly Comparisons of U.S. Price with Normal Value Due to High Inflation Comment 2: Inward Processing Certificate Date Used to Determine POR Export Sales for Duty Drawback Calculation Comment 3: Duty Drawback Adjustment to U.S. Sales Associated with Open Inward Processing Certificates Comment 4: Inclusion of Exempted Stamp Taxes in Duty Drawback Benefit Comment 5: Use of Open Inward Processing Certificate Import Duties to Calculate Cost-Side Duty Drawback Adjustment PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 21897 Comment 6: The Assan Single Entity’s Other Discounts Comment 7: Ispak’s Home Market Sales Comment 8: Ispak’s U.S. Sales and Packing Expenses Comment 9: Error in Producer Price Index Used in Panda’s Margin Calculation Comment 10: Panda’s U.S. Billing Adjustments Comment 11: High Inflation Methodology for Panda VI. Recommendation [FR Doc. 2025–09247 Filed 5–21–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–827, A–455–808, A–583–875, A–489– 852] Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the Republic of Türkiye: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on the affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) orders on dioctyl terephthalate (DOTP) from Malaysia, Poland, Taiwan, and the Republic of Türkiye (Türkiye). DATES: Applicable May 22, 2025. FOR FURTHER INFORMATION CONTACT: Nathan Araya (Malaysia), Colin Thrasher (Poland), Hannah Lee (Taiwan), Dennis McClure or Noah Wetzel (Türkiye), AD/CVD Operations, Offices II, V, and VIII, respectively, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3401, (202) 482–3004, (202) 482–1216, (202) 482–5973 or (202) 482–7466, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), on March 28, 2025, Commerce published in the Federal Register its affirmative final determinations of sales at less-than-fairvalue (LTFV) of DOTP from Malaysia, Poland, Taiwan, and Türkiye.1 Pursuant 1 See Dioctyl Terephthalate from Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 90 FR 14073 (March 28, 2025) (DOTP from Malaysia Final Determination); Dioctyl Terephthalate from Poland: Final Affirmative E:\FR\FM\22MYN1.SGM Continued 22MYN1 21898 Federal Register / Vol. 90, No. 98 / Thursday, May 22, 2025 / Notices to section 735(d) of the Act, on May 9, 2025, the ITC notified Commerce of its affirmative final determinations that an industry in the United States is materially injured, within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of imports of DOTP from Malaysia, Poland, Taiwan, and Türkiye that are sold in the United States at LTFV.2 Scope of the Orders The products covered by these orders are DOTP from Malaysia, Poland, Taiwan, and Türkiye. For a complete description of the scope of these orders, see the appendix to this notice. AD Orders khammond on DSK9W7S144PROD with NOTICES Based on the above-referenced affirmative final determinations, in accordance with sections 735(c)(2) and 736 of the Act, Commerce is issuing these AD orders. Moreover, because the ITC determined that U.S. imports of DOTP from Malaysia, Poland, Taiwan, and Türkiye are materially injuring a U.S. industry, unliquidated entries of such merchandise from Malaysia, Poland, Taiwan, and Türkiye, entered or withdrawn from warehouse for consumption, as described below, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price or constructed export price of the merchandise on all relevant entries of DOTP from Malaysia, Poland, Taiwan, and Türkiye. With the exception of entries occurring after expiration of the provisional measures period, but before publication of the ITC’s final affirmative injury determination, as further described below, antidumping duties will be assessed on unliquidated U.S. entries of DOTP from Malaysia, Poland, Taiwan, and Türkiye entered, or withdrawn from warehouse, for consumption on or after November 5, 2024, the date of publication of the Preliminary Determination of Sales at Less Than Fair Value, 90 FR 14117 (March 28, 2025) (DOTP from Poland Final Determination); Dioctyl Terephthalate from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value, 90 FR 14069 (March 28, 2025) (DOTP from Taiwan Final Determination); and Dioctyl Terephthalate From the Republic of Türkiye: Final Affirmative Determination of Sales at Less Than Fair Value, 90 FR 14071 (March 28, 2025) (DOTP from Türkiye Final Determination). 2 See ITC’s Letter, ‘‘Notification of ITC Final Determinations,’’ dated May 9, 2025. VerDate Sep<11>2014 16:33 May 21, 2025 Jkt 265001 Determinations.3 Because Commerce made final affirmative determinations of sales at LTFV of DOTP from each of the above-referenced countries, Commerce directed CBP to continue suspension of liquidation of DOTP from Malaysia, Poland, Taiwan, and Türkiye entered or withdrawn from warehouse for consumption, on or after March 28, 2025, the date of publication of the Final Determination.4 Continuation of Suspension of Liquidation and Cash Deposits Except as noted in the ‘‘Provisional Measures’’ section of this notice below, in accordance with section 736 of the Act, Commerce will instruct CBP to continue to suspend liquidation of all relevant entries of DOTP from Malaysia, Poland, Taiwan, and Türkiye. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits at a rate equal to the estimated weighted-average dumping margins listed in the table below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC’s affirmative final injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the weighted-average dumping margins listed in the table below. The all-others rate applies to all producers or exporters not specifically listed, as appropriate. Commerce’s Final Determinations, are as follows: MALAYSIA Producer/exporter UPC Chemicals (Malaysia) Sdn Bhd .......................................... All Others .................................... Producer/exporter Grupa Azoty Zaklady Azotowy ... All Others .................................... Producer/exporter Nan Ya Plastics Corp ................. Oxyde Chemicals Singapore Pte. Ltd .................................... Fortune Chemical Corp., Ltd ...... All Others .................................... Sfmt 4703 Weightedaverage dumping margin (percent) 18.73 * 32.94 * 32.94 18.73 * Rate based on facts otherwise available with adverse inferences. TÜRKIYE Producer/exporter Fmt 4703 *57.88 57.88 TAIWAN 3 See Frm 00013 Weightedaverage dumping margin (percent) * Rate based on facts otherwise available with adverse inferences. The estimated weighted-average dumping margins, as published in PO 00000 7.50 7.50 POLAND Estimated Weighted-Average Dumping Margins Dioctyl Terephthalate from Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 87848 (November 5, 2024) (DOTP from Malaysia Preliminary Determination); Dioctyl Terephthalate from Poland: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 87844 (November 5, 2025) (DOTP from Poland Preliminary Determination); Dioctyl Terephthalate from Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 87846 (November 5, 2024) (DOTP from Taiwan Preliminary Determination); and Dioctyl Terephthalate From the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 87855 (November 5, 2024) (DOTP from Türkiye Preliminary Determination) (collectively, Preliminary Determinations). 4 See DOTP from Malaysia Final Determination, DOTP from Poland Final Determination, DOTP from Taiwan Final Determination, and DOTP from Türkiye Final Determination. Weightedaverage dumping margin (percent) By Petrokimya Sanayi Ve Ticaret A.S .......................................... All Others .................................... Weightedaverage dumping margin (percent) * 80.71 61.61 * Rate based on facts otherwise available with adverse inferences. Provisional Measures Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the fourmonth period to no more than six months. At the request of exporters that accounted for a significant proportion of exports of DOTP from Malaysia, Poland, Taiwan and Türkiye, Commerce extended the four-month period to no E:\FR\FM\22MYN1.SGM 22MYN1 Federal Register / Vol. 90, No. 98 / Thursday, May 22, 2025 / Notices more than six-months.5 In the underlying investigations, Commerce published the Preliminary Determinations on November 5, 2024. Therefore, the six-month provisional measures period beginning on the date of publication of the Preliminary Determinations ended on May 4, 2025. Pursuant to section 737(b) of the Act, the collection of cash deposits at the rates listed above will begin on the date of publication of the ITC’s final injury determinations, which in the underlying investigations of DOTP from Malaysia, Poland, Taiwan, and Türkiye is May 15, 2025.6 Therefore, in accordance with section 736(a)(1) of the Act and our practice, Commerce will instruct CBP to terminate the suspension of liquidation, and to liquidate, without regard to antidumping duties, unliquidated U.S. entries of DOTP from Malaysia, Poland, Taiwan, and Türkiye entered, or withdrawn from warehouse, for consumption on or after May 5, 2025, the first day on which the provisional measures were no longer in effect, until and through May 14, 2025, i.e., the day preceding the date of publication of the ITC Final Determinations in the Federal Register.7 Suspension of liquidation and the collection of cash deposits will resume on May 15, 2025, i.e., the date of publication of the ITC Final Determinations in the Federal Register.8 khammond on DSK9W7S144PROD with NOTICES Establishment of the Annual Inquiry Service Lists On September 20, 2021, Commerce published the final rule titled Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws in the Federal Register.9 On September 27, 2021, Commerce published a notification titled Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions in the Federal Register.10 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope 5 See DOTP from Malaysia Preliminary Determination; DOTP from Poland Preliminary Determination; DOTP from Taiwan Preliminary Determination; and DOTP from Türkiye Preliminary Determination. 6 See Dioctyl Terephthalate (DOTP) From Malaysia, Poland, Taiwan, and Turkey Determinations, 90 FR 20688 (May 15, 2025) (ITC Final Determinations). 7 Id. 8 Id. 9 See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) (Final Rule). 10 See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) (Procedural Guidance). VerDate Sep<11>2014 16:33 May 21, 2025 Jkt 265001 ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.11 In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce’s online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be maintained in ACCESS, under each case number, and under a specific segment type called ‘‘AISL-Annual Inquiry Service List.’’ 12 Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance in the annual inquiry service list segment in ACCESS for the order within 30 days after the date of publication of the order in the Federal Register. For ease of administration, Commerce requests that a law firm with more than one attorney representing an interested party in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance,13 the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published in the Federal Register. Commerce may update an annual inquiry service list at any time, as needed, based on interested parties’ amendments to their entries of appearance to remove, or otherwise modify, their list of members and representatives, or to update contact information. Changes or announcements 11 Id. 12 This segment will be combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register, also known as the anniversary month. For example, for an order under case number A–000–000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as ‘‘AISL-January Anniversary.’’ Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS. 13 See Procedural Guidance, 86 FR at 53206. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 21899 pertaining to these procedures will be posted to the ACCESS website at https://access.trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 14 Accordingly, as stated above, the petitioners and foreign governments should submit their initial entry of appearance after publication of this notice in the Federal Register in order to appear in the first annual inquiry service list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above. Notification to Interested Parties This notice constitutes the AD orders with respect to DOTP from Malaysia, Poland, Taiwan, and Türkiye, pursuant to section 736(a) of the Act. Interested parties can find a list of AD orders currently in effect at https:// www.trade.gov/data-visualization/ adcvd-proceedings. These AD orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: May 16, 2025. Scot Fullerton, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Scope of the Orders The merchandise covered by the orders is dioctyl terephthalate (DOTP), regardless of form. DOTP that has been blended with other products is included within this scope when such blends include constituent parts that have not been chemically reacted with each other to produce a different product. For such blends, only the DOTP component of the mixture is covered by the scope of these orders. DOTP that is otherwise subject to the orders is not excluded when commingled with DOTP from sources not subject to this investigation. Commingled refers to the mixing of subject and non-subject DOTP. 14 See E:\FR\FM\22MYN1.SGM Final Rule, 86 FR 52335. 22MYN1 21900 Federal Register / Vol. 90, No. 98 / Thursday, May 22, 2025 / Notices Only the subject component of such commingled products is covered by the scope of these orders. DOTP has the general chemical formulation of C6H4 (C8H17COO)2 and a chemical name of ‘‘bis (2-ethylhexyl) terephthalate’’ and has a Chemical Abstract Service (CAS) registry number of 6422–86–2. Regardless of the label, all DOTP is covered by these orders. Subject merchandise is currently classified under subheading 2917.39.2000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under subheadings 2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry number and HTSUS classifications are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive. [FR Doc. 2025–09163 Filed 5–21–25; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–357–823] Raw Honey From Argentina: Amended Final Results of Antidumping Duty Administrative Review; 2021–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on raw honey from Argentina to correct certain ministerial errors. Based on the amended final results, we find that the companies under review sold raw honey in the United States at less than normal value during the period of review (POR), November 23, 2021, through May 31, 2023. DATES: Applicable May 22, 2025. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3936. SUPPLEMENTARY INFORMATION: khammond on DSK9W7S144PROD with NOTICES AGENCY: Background On April 14, 2025, Commerce published in the Federal Register the final results of the 2021–2023 administrative review of the AD order on raw honey from Argentina.1 On April 1 See Raw Honey from Argentina: Final Results of Antidumping Duty Administrative Review; 2021– 2023, 90 FR 15549 (April 14, 2025) (Final Results), and accompanying Issues and Decision Memorandum (IDM). VerDate Sep<11>2014 16:33 May 21, 2025 Jkt 265001 15, 2025, we received two timely ministerial error allegations from Asociación de Cooperativas Argentinas C.L. (ACA), both with respect to the calculation of constructed value (CV) profit.2 On April 21, 2025, the American Honey Producers Association and the Sioux Honey Association (collectively, the domestic interested parties), submitted comments in response to the ministerial error allegations filed by ACA.3 Commerce is amending the Final Results to correct these ministerial errors. Legal Framework Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines a ‘‘ministerial error’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.’’ 4 With respect to final results of administrative reviews, 19 CFR 351.224(e) provides that Commerce ‘‘will analyze any comments received and, if appropriate, correct any . . . ministerial error by amending the final results of review . . .’’ Ministerial Errors Commerce reviewed the record, and we agree that the errors alleged by ACA constitute ministerial errors within the meaning of section 751(h) of the Act and 19 CFR 351.224(f).5 Specifically, we find that we made inadvertent errors related to the calculation of CV profit.6 Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results to reflect the correction of the ministerial errors, as described in the Ministerial Error Memorandum.7 Based on the corrections, ACA’s final weighted-average dumping margin changed from 15.06 percent to 6.19 percent. As a result, we are also revising the weighted-average dumping margin assigned to the non-individually examined companies, utilizing the same methodology used in the Final Results,8 from 4.70 percent to 2.61 percent. The 2 See ACA’s Letter, ‘‘Ministerial Error Comments,’’ dated April 15, 2025 (ACA’s Ministerial Error Allegation). 3 See Domestic Interested Parties’ Letter, ‘‘Petitioners’ Response to ACA’s Ministerial Error Allegations,’’ dated April 21, 2025 (DIPs’ Response to ACA’s Ministerial Error Allegation). 4 See 19 CFR 351.224(f). 5 See Memorandum, ‘‘Analysis of Ministerial Error Allegations,’’ dated concurrently with this Federal Register notice, and hereby adopted by, this notice (Ministerial Error Memorandum). 6 See ACA’s Ministerial Error Allegation at 2–6. 7 See Ministerial Error Memorandum. 8 See Final Results, 90 FR at 15549. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 amended weighted-average dumping margins are listed in the ‘‘Amended Final Results of Review’’ section below. For a complete discussion of the ministerial error allegation, as well as Commerce’s analysis, see the Ministerial Error Memorandum. The Ministerial Error Memorandum is on file electronically via ACCESS. ACCESS is available to registered users at https:// access.trade.gov. Amended Final Results of Review As a result of correcting these ministerial errors described above, Commerce determines that the following estimated weighted-average dumping margins exist for the period November 23, 2021, through May 31, 2023: Producer or exporter Weightedaverage dumping margin (percent) Asociación de Cooperativas Argentinas C.L ............................ Review Specific Rate for NonExamined Companies 9 ........... 6.19 2.61 Disclosure Commerce intends to disclose under administrative protective order the calculations performed in connection with these amended final results of review to interested parties within five days after public announcement of the amended final results or, if there is no public announcement, within five days of the date of publication of the notice of amended final results in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. The amended final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the amended final results of this review and for future deposits of estimated duties, where applicable.10 For ACA, Commerce intends to calculate importer-specific AD assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined 9 See Appendix for a list of these companies. section 751(a)(2)(C) of the Act. 10 See E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Notices]
[Pages 21897-21900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09163]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-827, A-455-808, A-583-875, A-489-852]


Dioctyl Terephthalate From Malaysia, Poland, Taiwan, and the 
Republic of T[uuml]rkiye: Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on the affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) orders on 
dioctyl terephthalate (DOTP) from Malaysia, Poland, Taiwan, and the 
Republic of T[uuml]rkiye (T[uuml]rkiye).

DATES: Applicable May 22, 2025.

FOR FURTHER INFORMATION CONTACT: Nathan Araya (Malaysia), Colin 
Thrasher (Poland), Hannah Lee (Taiwan), Dennis McClure or Noah Wetzel 
(T[uuml]rkiye), AD/CVD Operations, Offices II, V, and VIII, 
respectively, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3401, (202) 482-3004, 
(202) 482-1216, (202) 482-5973 or (202) 482-7466, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on March 28, 2025, Commerce published in 
the Federal Register its affirmative final determinations of sales at 
less-than-fair-value (LTFV) of DOTP from Malaysia, Poland, Taiwan, and 
T[uuml]rkiye.\1\ Pursuant

[[Page 21898]]

to section 735(d) of the Act, on May 9, 2025, the ITC notified Commerce 
of its affirmative final determinations that an industry in the United 
States is materially injured, within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of imports of DOTP from Malaysia, 
Poland, Taiwan, and T[uuml]rkiye that are sold in the United States at 
LTFV.\2\
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    \1\ See Dioctyl Terephthalate from Malaysia: Final Affirmative 
Determination of Sales at Less Than Fair Value, 90 FR 14073 (March 
28, 2025) (DOTP from Malaysia Final Determination); Dioctyl 
Terephthalate from Poland: Final Affirmative Determination of Sales 
at Less Than Fair Value, 90 FR 14117 (March 28, 2025) (DOTP from 
Poland Final Determination); Dioctyl Terephthalate from Taiwan: 
Final Affirmative Determination of Sales at Less Than Fair Value, 90 
FR 14069 (March 28, 2025) (DOTP from Taiwan Final Determination); 
and Dioctyl Terephthalate From the Republic of T[uuml]rkiye: Final 
Affirmative Determination of Sales at Less Than Fair Value, 90 FR 
14071 (March 28, 2025) (DOTP from T[uuml]rkiye Final Determination).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated May 9, 2025.
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Scope of the Orders

    The products covered by these orders are DOTP from Malaysia, 
Poland, Taiwan, and T[uuml]rkiye. For a complete description of the 
scope of these orders, see the appendix to this notice.

AD Orders

    Based on the above-referenced affirmative final determinations, in 
accordance with sections 735(c)(2) and 736 of the Act, Commerce is 
issuing these AD orders. Moreover, because the ITC determined that U.S. 
imports of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Malaysia, Poland, Taiwan, and T[uuml]rkiye, entered or 
withdrawn from warehouse for consumption, as described below, are 
subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price or constructed export price of the merchandise on all 
relevant entries of DOTP from Malaysia, Poland, Taiwan, and 
T[uuml]rkiye. With the exception of entries occurring after expiration 
of the provisional measures period, but before publication of the ITC's 
final affirmative injury determination, as further described below, 
antidumping duties will be assessed on unliquidated U.S. entries of 
DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye entered, or 
withdrawn from warehouse, for consumption on or after November 5, 2024, 
the date of publication of the Preliminary Determinations.\3\ Because 
Commerce made final affirmative determinations of sales at LTFV of DOTP 
from each of the above-referenced countries, Commerce directed CBP to 
continue suspension of liquidation of DOTP from Malaysia, Poland, 
Taiwan, and T[uuml]rkiye entered or withdrawn from warehouse for 
consumption, on or after March 28, 2025, the date of publication of the 
Final Determination.\4\
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    \3\ See Dioctyl Terephthalate from Malaysia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 89 FR 87848 (November 5, 2024) (DOTP from Malaysia 
Preliminary Determination); Dioctyl Terephthalate from Poland: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 87844 (November 5, 2025) (DOTP from 
Poland Preliminary Determination); Dioctyl Terephthalate from 
Taiwan: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 87846 (November 5, 2024) (DOTP from 
Taiwan Preliminary Determination); and Dioctyl Terephthalate From 
the Republic of T[uuml]rkiye: Preliminary Affirmative Determination 
of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures, 89 FR 87855 
(November 5, 2024) (DOTP from T[uuml]rkiye Preliminary 
Determination) (collectively, Preliminary Determinations).
    \4\ See DOTP from Malaysia Final Determination, DOTP from Poland 
Final Determination, DOTP from Taiwan Final Determination, and DOTP 
from T[uuml]rkiye Final Determination.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation and Cash Deposits

    Except as noted in the ``Provisional Measures'' section of this 
notice below, in accordance with section 736 of the Act, Commerce will 
instruct CBP to continue to suspend liquidation of all relevant entries 
of DOTP from Malaysia, Poland, Taiwan, and T[uuml]rkiye. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Commerce will also instruct CBP to require cash deposits at a rate 
equal to the estimated weighted-average dumping margins listed in the 
table below. Accordingly, effective on the date of publication in the 
Federal Register of the notice of the ITC's affirmative final injury 
determination, CBP will require, at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the weighted-average dumping margins listed in the 
table below. The all-others rate applies to all producers or exporters 
not specifically listed, as appropriate.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins, as published in 
Commerce's Final Determinations, are as follows:

                                Malaysia
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
UPC Chemicals (Malaysia) Sdn Bhd............................        7.50
All Others..................................................        7.50
------------------------------------------------------------------------


                                 Poland
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Grupa Azoty Zaklady Azotowy.................................      *57.88
All Others..................................................       57.88
------------------------------------------------------------------------
* Rate based on facts otherwise available with adverse inferences.


                                 Taiwan
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nan Ya Plastics Corp........................................       18.73
Oxyde Chemicals Singapore Pte. Ltd..........................     * 32.94
Fortune Chemical Corp., Ltd.................................     * 32.94
All Others..................................................       18.73
------------------------------------------------------------------------
* Rate based on facts otherwise available with adverse inferences.


                              T[uuml]rkiye
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
By Petrokimya Sanayi Ve Ticaret A.S.........................     * 80.71
All Others..................................................       61.61
------------------------------------------------------------------------
* Rate based on facts otherwise available with adverse inferences.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that accounted for a significant proportion 
of exports of DOTP from Malaysia, Poland, Taiwan and T[uuml]rkiye, 
Commerce extended the four-month period to no

[[Page 21899]]

more than six-months.\5\ In the underlying investigations, Commerce 
published the Preliminary Determinations on November 5, 2024. 
Therefore, the six-month provisional measures period beginning on the 
date of publication of the Preliminary Determinations ended on May 4, 
2025.
---------------------------------------------------------------------------

    \5\ See DOTP from Malaysia Preliminary Determination; DOTP from 
Poland Preliminary Determination; DOTP from Taiwan Preliminary 
Determination; and DOTP from T[uuml]rkiye Preliminary Determination.
---------------------------------------------------------------------------

    Pursuant to section 737(b) of the Act, the collection of cash 
deposits at the rates listed above will begin on the date of 
publication of the ITC's final injury determinations, which in the 
underlying investigations of DOTP from Malaysia, Poland, Taiwan, and 
T[uuml]rkiye is May 15, 2025.\6\ Therefore, in accordance with section 
736(a)(1) of the Act and our practice, Commerce will instruct CBP to 
terminate the suspension of liquidation, and to liquidate, without 
regard to antidumping duties, unliquidated U.S. entries of DOTP from 
Malaysia, Poland, Taiwan, and T[uuml]rkiye entered, or withdrawn from 
warehouse, for consumption on or after May 5, 2025, the first day on 
which the provisional measures were no longer in effect, until and 
through May 14, 2025, i.e., the day preceding the date of publication 
of the ITC Final Determinations in the Federal Register.\7\ Suspension 
of liquidation and the collection of cash deposits will resume on May 
15, 2025, i.e., the date of publication of the ITC Final Determinations 
in the Federal Register.\8\
---------------------------------------------------------------------------

    \6\ See Dioctyl Terephthalate (DOTP) From Malaysia, Poland, 
Taiwan, and Turkey Determinations, 90 FR 20688 (May 15, 2025) (ITC 
Final Determinations).
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws in the Federal Register.\9\ On September 
27, 2021, Commerce published a notification titled Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions in 
the Federal Register.\10\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\11\
---------------------------------------------------------------------------

    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \11\ Id.
---------------------------------------------------------------------------

    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be 
maintained in ACCESS, under each case number, and under a specific 
segment type called ``AISL-Annual Inquiry Service List.'' \12\
---------------------------------------------------------------------------

    \12\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
---------------------------------------------------------------------------

    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance in the 
annual inquiry service list segment in ACCESS for the order within 30 
days after the date of publication of the order in the Federal 
Register. For ease of administration, Commerce requests that a law firm 
with more than one attorney representing an interested party in an 
order designate a lead attorney to be included on the annual inquiry 
service list. Commerce will finalize the annual inquiry service list 
within five business days thereafter. As mentioned in the Procedural 
Guidance,\13\ the new annual inquiry service list will be in place 
until the following year, when the Opportunity Notice for the 
anniversary month of the order is published in the Federal Register.
---------------------------------------------------------------------------

    \13\ See Procedural Guidance, 86 FR at 53206.
---------------------------------------------------------------------------

    Commerce may update an annual inquiry service list at any time, as 
needed, based on interested parties' amendments to their entries of 
appearance to remove, or otherwise modify, their list of members and 
representatives, or to update contact information. Changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \14\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in the 
Federal Register in order to appear in the first annual inquiry service 
list. Pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign 
governments will not need to resubmit their entries of appearance each 
year to continue to be included on the annual inquiry service list. 
However, the petitioners and foreign governments are responsible for 
making amendments to their entries of appearance during the annual 
update to the annual inquiry service list in accordance with the 
procedures described above.
---------------------------------------------------------------------------

    \14\ See Final Rule, 86 FR 52335.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD orders with respect to DOTP from 
Malaysia, Poland, Taiwan, and T[uuml]rkiye, pursuant to section 736(a) 
of the Act. Interested parties can find a list of AD orders currently 
in effect at https://www.trade.gov/data-visualization/adcvd-proceedings.
    These AD orders are published in accordance with section 736(a) of 
the Act and 19 CFR 351.211(b).

    Dated: May 16, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

Scope of the Orders

    The merchandise covered by the orders is dioctyl terephthalate 
(DOTP), regardless of form. DOTP that has been blended with other 
products is included within this scope when such blends include 
constituent parts that have not been chemically reacted with each 
other to produce a different product. For such blends, only the DOTP 
component of the mixture is covered by the scope of these orders.
    DOTP that is otherwise subject to the orders is not excluded 
when commingled with DOTP from sources not subject to this 
investigation. Commingled refers to the mixing of subject and non-
subject DOTP.

[[Page 21900]]

Only the subject component of such commingled products is covered by 
the scope of these orders.
    DOTP has the general chemical formulation of 
C6H4 
(C8H17COO)2 and a chemical name of 
``bis (2-ethylhexyl) terephthalate'' and has a Chemical Abstract 
Service (CAS) registry number of 6422-86-2. Regardless of the label, 
all DOTP is covered by these orders.
    Subject merchandise is currently classified under subheading 
2917.39.2000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under subheadings 
2917.39.7000 or 3812.20.1000 of the HTSUS. While the CAS registry 
number and HTSUS classifications are provided for convenience and 
customs purposes, the written description of the scope of these 
orders is dispositive.

[FR Doc. 2025-09163 Filed 5-21-25; 8:45 am]
BILLING CODE 3510-DS-P

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